| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 6 of |
| 3 | Article VII of the State Constitution, relating to |
| 4 | homestead exemptions from ad valorem taxation, to provide |
| 5 | a discount from the amount of ad valorem taxation levied |
| 6 | on the homestead of a veteran who meets specified |
| 7 | criteria. |
| 8 |
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| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
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| 11 | That the following amendment to Section 6 of Article VII of |
| 12 | the State Constitution is agreed to and shall be submitted to |
| 13 | the electors of this state for approval or rejection at the next |
| 14 | general election or at an earlier special election specifically |
| 15 | authorized by law for that purpose: |
| 16 | ARTICLE VII |
| 17 | FINANCE AND TAXATION |
| 18 | SECTION 6. Homestead exemptions.-- |
| 19 | (a) Every person who has the legal or equitable title to |
| 20 | real estate and maintains thereon the permanent residence of the |
| 21 | owner, or another legally or naturally dependent upon the owner, |
| 22 | shall be exempt from taxation thereon, except assessments for |
| 23 | special benefits, up to the assessed valuation of five thousand |
| 24 | dollars, upon establishment of right thereto in the manner |
| 25 | prescribed by law. The real estate may be held by legal or |
| 26 | equitable title, by the entireties, jointly, in common, as a |
| 27 | condominium, or indirectly by stock ownership or membership |
| 28 | representing the owner's or member's proprietary interest in a |
| 29 | corporation owning a fee or a leasehold initially in excess of |
| 30 | ninety-eight years. |
| 31 | (b) Not more than one exemption shall be allowed any |
| 32 | individual or family unit or with respect to any residential |
| 33 | unit. No exemption shall exceed the value of the real estate |
| 34 | assessable to the owner or, in case of ownership through stock |
| 35 | or membership in a corporation, the value of the proportion |
| 36 | which the interest in the corporation bears to the assessed |
| 37 | value of the property. |
| 38 | (c) By general law and subject to conditions specified |
| 39 | therein, the exemption shall be increased to a total of twenty- |
| 40 | five thousand dollars of the assessed value of the real estate |
| 41 | for each school district levy. By general law and subject to |
| 42 | conditions specified therein, the exemption for all other levies |
| 43 | may be increased up to an amount not exceeding ten thousand |
| 44 | dollars of the assessed value of the real estate if the owner |
| 45 | has attained age sixty-five or is totally and permanently |
| 46 | disabled and if the owner is not entitled to the exemption |
| 47 | provided in subsection (d). |
| 48 | (d) By general law and subject to conditions specified |
| 49 | therein, the exemption shall be increased to a total of the |
| 50 | following amounts of assessed value of real estate for each levy |
| 51 | other than those of school districts: fifteen thousand dollars |
| 52 | with respect to 1980 assessments; twenty thousand dollars with |
| 53 | respect to 1981 assessments; twenty-five thousand dollars with |
| 54 | respect to assessments for 1982 and each year thereafter. |
| 55 | However, such increase shall not apply with respect to any |
| 56 | assessment roll until such roll is first determined to be in |
| 57 | compliance with the provisions of section 4 by a state agency |
| 58 | designated by general law. This subsection shall stand repealed |
| 59 | on the effective date of any amendment to section 4 which |
| 60 | provides for the assessment of homestead property at a specified |
| 61 | percentage of its just value. |
| 62 | (e) By general law and subject to conditions specified |
| 63 | therein, the Legislature may provide to renters, who are |
| 64 | permanent residents, ad valorem tax relief on all ad valorem tax |
| 65 | levies. Such ad valorem tax relief shall be in the form and |
| 66 | amount established by general law. |
| 67 | (f) The legislature may, by general law, allow counties or |
| 68 | municipalities, for the purpose of their respective tax levies |
| 69 | and subject to the provisions of general law, to grant an |
| 70 | additional homestead tax exemption not exceeding twenty-five |
| 71 | thousand dollars to any person who has the legal or equitable |
| 72 | title to real estate and maintains thereon the permanent |
| 73 | residence of the owner and who has attained age sixty-five and |
| 74 | whose household income, as defined by general law, does not |
| 75 | exceed twenty thousand dollars. The general law must allow |
| 76 | counties and municipalities to grant this additional exemption, |
| 77 | within the limits prescribed in this subsection, by ordinance |
| 78 | adopted in the manner prescribed by general law, and must |
| 79 | provide for the periodic adjustment of the income limitation |
| 80 | prescribed in this subsection for changes in the cost of living. |
| 81 | (g) Each veteran who is age 65 or older who is partially |
| 82 | or totally permanently disabled shall receive a discount from |
| 83 | the amount of the ad valorem tax otherwise owed on homestead |
| 84 | property the veteran owns and resides in if the disability was |
| 85 | combat related, the veteran was a resident of this state at the |
| 86 | time of entering the military service of the United States, and |
| 87 | the veteran was honorably discharged upon separation from |
| 88 | military service. The discount shall be in a percentage equal to |
| 89 | the percentage of the veteran's permanent, service-connected |
| 90 | disability as determined by the United States Department of |
| 91 | Veterans Affairs. To qualify for the discount granted by this |
| 92 | subsection, an applicant must submit to the county property |
| 93 | appraiser, by March 1, proof of residency at the time of |
| 94 | entering military service, an official letter from the United |
| 95 | States Department of Veterans Affairs stating the percentage of |
| 96 | the veteran's service-connected disability and such evidence |
| 97 | that reasonably identifies the disability as combat related, and |
| 98 | a copy of the veteran's honorable discharge. If the property |
| 99 | appraiser denies the request for a discount, the appraiser must |
| 100 | notify the applicant in writing of the reasons for the denial, |
| 101 | and the veteran may reapply. The Legislature may, by general |
| 102 | law, waive the annual application requirement in subsequent |
| 103 | years. This subsection shall take effect December 7, 2006, is |
| 104 | self-executing, and does not require implementing legislation. |
| 105 | BE IT FURTHER RESOLVED that the following statement be |
| 106 | placed on the ballot: |
| 107 | CONSTITUTIONAL AMENDMENT |
| 108 | ARTICLE VII, SECTION 6 |
| 109 | PERMANENTLY DISABLED VETERANS' DISCOUNT ON HOMESTEAD AD |
| 110 | VALOREM TAX.--Proposing an amendment to the State Constitution |
| 111 | to provide a discount from the amount of ad valorem tax on the |
| 112 | homestead of a partially or totally permanently disabled veteran |
| 113 | who is age 65 or older who was a Florida resident at the time of |
| 114 | entering military service, whose disability was combat-related, |
| 115 | and who was honorably discharged; to specify the percentage of |
| 116 | the discount as equal to the percentage of the veteran's |
| 117 | permanent service-connected disability; to specify qualification |
| 118 | requirements for the discount; to authorize the Legislature to |
| 119 | waive the annual application requirement in subsequent years by |
| 120 | general law; and to specify that the provision takes effect |
| 121 | December 7, 2006, is self-executing, and does not require |
| 122 | implementing legislation. |